In re J.Q.

Summary

The North Carolina Court of Appeals held that the trial court’s failure to timely schedule a permanency planning hearing after removing the juvenile from the mother’s custody was not reversible error because the mother did not seek mandamus. The court held, however, that the trial court lacked authority to cease reunification efforts at a review hearing rather than a permanency planning hearing. The court affirmed in part, vacated in part, and remanded for further proceedings.

Holdings

1. Although the trial court violated N.C.G.S. § 7B-906.1(d)(1a) by failing to schedule a permanency planning hearing within thirty days after removing the juvenile from Mother's custody, the error was not prejudicial and did not require reversal.
2. The trial court lacked statutory authority to cease reunification efforts at a review hearing because the governing statutes authorize cessation of reunification efforts only at a permanency planning hearing.

Questions Presented

1. Whether the trial court's failure to schedule a permanency planning hearing within thirty days after removing the juvenile from Mother's custody constituted reversible error.
2. Whether the trial court had statutory authority to cease reunification efforts at a review hearing rather than at a permanency planning hearing.

Disposition

reversed_and_remanded